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Rule 5011-1

WITHDRAWAL OF REFERENCE –Amended [August 1, 2013]

A motion for withdrawal of the reference shall be filed with the Clerk of the Bankruptcy Court. The movant shall obtain from the Clerk of the Bankruptcy Court the District Court civil case number and name of the District Judge assigned to the motion, and shall thereafter file with the Clerk of the District Court a copy of the motion, the receipt for payment of the filing fee, three copies of the District Court Civil Cover Sheet, and a copy of any corporate ownership statement previously filed pursuant to Bankruptcy Rule 1007(a) or 7007.1, consistent with the Instructions for Filing a Motion to Withdraw the Reference, which shall be available on the Court’s website (http://www.nysb.uscourts.gov/sites/default/files/5011-1-instructions.pdf). All subsequent papers relating to the motion shall be filed with the Clerk of the District Court.

Comment

This rule was amended in 2004 to specify the procedural requirements imposed on the party moving for withdrawal of the reference under 28 U.S.C. §157(d).

This rule was amended in 2013 to clarify that the Bankruptcy Court Clerk now opens the motion to withdraw the reference on the District Court’s electronic filing system. The movant must obtain the District Court civil case number and name of the District Judge assigned to the motion from the Clerk of the Bankruptcy Court, and thereafter file a copy of the motion and other specified papers with the Clerk of the District Court. The rule also has been amended to include a link to the Instructions for Filing a Motion to Withdraw the Reference on the Court’s website.